Judgement

VENKATARAMIAH, J. : - The appellant is a person providing transport service in the District of Mathura. He questioned the validity of the Order dated May 22, 1986 passed by the District Magistrate, Mathura declaring Plot Nos. 701 and 702 in the Town Area, Baldev (Mathura) as a bus stand/halting place of Baldev, where the stage carriages were directed to stand for the purpose of allowing the passengers of Baldev to get into and get down from the stage carriages in a writ petition, Civil Miscellaneous Writ Petition No. 501 of 1986 filed before the High Court of Allahabad under Art. 226 of the Constitution of India. That petition was dismissed by the High Court on September 8. 1980. This appeal by special leave is filed against the said decision of the High Court.

2. The case of the appellant was that the District Magistrate had no power to appoint any area as a bus stand under S. 76 of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) under which he purported to pass the impugned order. According to the appellant the power to fix any area as a bus stand was vested in the Regional Transport Authority having jurisdiction over the area and not in the District Mag